Application For Flexible Working - Employee Guidance Note

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					Application for flexible working –
Employee Guidance Notes

Request to Return to Flexible Working

1. Under the Employment Act 2002 and the Work and Families Act 2006
   members of staff have the right to make a request to the University for
   flexible working, if they are to care for a child/children under the age of 6 or
   care for certain adults. If this is agreed then it will mean a change in the
   terms and conditions of your employment.

2. Criteria for eligibility for caring for a child/children under the age of 6 or a
   disabled child/children under the age of 18:

    A member of staff must on the date of the application, have been
     continuously employed for at least 6 months.
    The member of staff will be the mother, father, adopter, guardian or
     foster parent of the child, married to/or the partner of such a person
     and/or expects to have the responsibility for the upbringing of the child.
    The main purpose of the application is to enable the member of staff to
     care for the child.
    The Child has to be under the age of 6, or, if disabled, under 18 (i.e. the
     child is in receipt of Disability Living Allowance).

3. Note: If you are unable to satisfy all the above criteria then you do not
   qualify to make a request to work flexibly in law. However, you may be able
   to submit a request for flexible working under the University’s contractual
   scheme on Flexible Employment. Please see the HR Customer Portal for
   the Policy and accompanying documentation and/or contact your HR
   Consultant.




Document Owner: HR (Cons/Ops)                                     Enquiries to
Last Reviewed: 2005/2006                Page 1 of 4               HRHelpdesk@arts.ac.uk
                                                                  Payrollhelp@arts.ac.uk
4. Criteria for eligibility for caring for an adult:

    The member of staff must on the date of the application, have been
     continuously employed for at least 6 months.
    The member of staff must be or expecting to care for a spouse,
     partner/civil partner or relative or living at the same address of the adult
     in need of care. A relative for this purpose is a mother, father, adopter,
     guardian, special guardian, parent-in-law, son, daughter, son-in-law,
     daughter-in-law, brother, sister, brother-in-law, sister-in-law, aunt, uncle
     or grandparent. Step relatives and half-blood relatives are also included.
    The main purpose of the application is to enable the member of staff to
     care for the adult in need of care

   How to Apply for Flexible Working

   5. You should note that under the right, it may take up to 14 weeks to
      consider a request before it can be implemented, and possibly longer
      where difficulties arise. You should therefore ensure that you submit
      your application to your line manager, well in advance of the date you
      wish the request to take effect. However, particularly if an adult
      suddenly falls very ill and requires care, you should submit your
      application as soon as possible stating the particular circumstances that
      have arisen.

   6. You must make a formal application in writing stating clearly the
      following: -

    That it is an application for Flexible Working for a child or an adult in
     need of care. e.g. “I would like to apply to work a flexible working pattern
     that is different to my current working pattern under my right provided
     under the flexible working legislation.
    How you meet each of the eligibility criteria above, particularly as to the
     relationship to the child or the adult in need of care.
    The flexible working pattern applied for, and the effective date of the
     proposed change:




Document Owner: HR (Cons/Ops)                                Enquiries to
Last Reviewed: 2005/2006                  Page 2 of 4        HRHelpdesk@arts.ac.uk
                                                             Payrollhelp@arts.ac.uk
   7. Note: It will help your line manager to consider your request if you
      provide as much information as you can about your desired working
      pattern. You should describe your current working pattern
      (days/hours/times/TTO worked) and describe the working pattern you
      would like to work in the future (days/hours/times/TTO).

    Describe what effect your change in working pattern will have, both on
     the work that you do, and on your colleagues, and how in your opinion
     this may be dealt with: e.g. “I think this change in my working pattern will
     affect my team/area of work and colleagues as follows……………….. I
     think these effects can be dealt with as follows………………………”

    The application must be signed and dated by the applicant.

    Whether you have made a previous application and giving the date the
     application was made.

   8. Note: Members of staff cannot submit another application within 12
      months of having submitted a previous one.

   9. The process following receipt of an application form is as follows:

    A meeting to discuss the application must be held within 28 days, at a
     time and place convenient to both your line manger and yourself. You
     have the right to be accompanied at this meeting by a fellow employee
     or trade union representative. The employee or trade union
     representative can speak and confer with you during the meeting, but
     cannot answer on your behalf. The meeting can be postponed for a
     period of up to 7 days to allow you or your trade union representative to
     attend.

    Your line manager must give a written decision within 14 days following
     the meeting:

        either, agreeing to the request for flexible working, and specifying
         the contract variation agreed to and the date it takes effect;




Document Owner: HR (Cons/Ops)                                Enquiries to
Last Reviewed: 2005/2006             Page 3 of 4             HRHelpdesk@arts.ac.uk
                                                             Payrollhelp@arts.ac.uk
        or, refusing the request, stating the reasons why, with a sufficient
         explanation as to why those reasons apply, and setting out the
         appeal procedure.
        If the application is refused, you then have the right to appeal in
         writing to the appropriate Head of College/Service within 14 days of
         receiving the line manager’s notification of refusal, if the refusal was
         for reasons other than failure to meet the qualifying criteria.

  Appeals Procedure

  10. Your Line Manager has the right to refuse an application for Flexible
      Working if he/she has good business reasons for doing so. If the
      application is refused then you have 14 days to put your appeal in writing
      to the Head of College/Service. Your appeal must clearly set out the
      grounds on which you are appealing. An appeal meeting must then be
      heard within 14 days, and you will have the right to be accompanied at
      the appeal. The decision of the Head of College/Service is final. The
      written decision on appeal must be given within 14 days of the appeal
      hearing.

   11. Please contact your HR Consultant for further advice and guidance.




Document Owner: HR (Cons/Ops)                                 Enquiries to
Last Reviewed: 2005/2006              Page 4 of 4             HRHelpdesk@arts.ac.uk
                                                              Payrollhelp@arts.ac.uk

				
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